SHRI GURDIAL SINGH Vs. AUCKLAND HOUSE SCHOOL

JUDGEMENT

(1.) This petition purports to have been filed under the provision of Sec. 115, Code of Civil Procedure (hereinafter called the Code) against the order of Sub -Judge II, Simla dated 4 -12 -1974 whereby the application of Shri Gurdial Singh under Sec. 151. Code of Civil Procedure has been rejected. The Petitioner had filed the suit in January 1970 in the Court of the Senior Sub -Judge, Simla against Auckland House School, Simla through its Principal for a money decree of Rs. 3300/ - on the allegations that the Plaintiff who is a building contractor had taken the contract for the repairs and construction of several buildings of the Defendant and had also received payments on the completion of the works and had also received advance payments. That in the month of December, 1965 the Plaintiff was called by the Principal of the Defendant school to give estimate for the sanitary work in Belvedere Cottage and Sanitary work in Belvedere main building.

(2.) In para 9 of the plaint it had been pleaded that besides the works stated above the Plaintiff also carried out other building works for the Defendant School in the years 1965 -66 which work was measured and was worth Rs. 53,855.54 P. and out of which Rs. 31,000/ - had been paid on different dates and for the recovery of the balance of Rs. 22,855.54 P. and interest thereon a separate suit after adjusting the school dues of his daughter had been filed by the Plaintiff in the High Court, Himachal Bench at Simla.

(3.) The aforesaid suit as mentioned in para 9 of the plaint had been decided by the Himachal High Court on 7 -9 -1971 and a decree for Rs. 5,975.20 P. alongwith the future interest and proportionate cost was passed in favour of the Plaintiff. Against the dismissal of the part of the claim the Plaintiff filed R.F.A. No. 4 of 1972 before the Division Bench of the High Court. In the decree passed by the single Judge, it had been observed that the Petitioner (Plaintiff) should have adjusted Rs. 13.000/ - towards the suit No. 13 of 1968 against which finding the Plaintiff had filed the appeal before the Division Bench. Whereas the Petitioner had given adjustments of this amount of Rs. 18,000/ - in the suit out of which this revision petition has arisen.